Sexual Assault Attorney in Austin, TX
Some of the strictest penalties are reserved for those who are convicted of sexual assault. Texas Penal Code 22.011 generally defines sexual assault as non-consensual, unwanted sexual intercourse. This can be committed through force, coercion, manipulation, violence, threat, and exploitation. If you have been charged with sexual assault, don’t hesitate to call me. A simple call may be all it takes to protect your future.
Rape in Texas
In Texas, rape and sexual assault are the same. Sexual assault becomes aggravated sexual assault through:
- The threat of violence
- The threat of injury
- The threat of kidnapping
- The use or show of a deadly weapon
- Substance administered to the victim
The largest issue with rape cases in Texas is consent. A simple word from a victim saying that they were raped is sometimes enough to warrant an arrest. If the prosecution can prove a lack of consent, then a rape conviction is almost assured.
Statutory Rape / Indecency with a child.
Texas law describes statutory rape as a sexual assault when any person intentionally and knowingly penetrates another individual under the age of 17 who is not their spouse. In Texas this is charged as Indenccy with a child or sexual assault. In many cases, a defense can be made if the accused is less than three years older than the said victim and the victim is at least 14 years in age. Statutory rape is a serious crime with a serious penalty, including two to twenty years in prison. If you have been charged with statutory rape, you need to take action immediately to protect your future. Call me today to learn how I can help you fight for your case in court.
How I Defend Against Rape and Statutory Rape Charges
Each case is unique to the charged, the said victim, the circumstances, and level of the case. Sexual crimes are not easily defended alone. As your criminal defense attorney, I will look at all areas of the case and find the evidence needed to prove your case and/or lessen your penalties. A charge on your record for sexual crimes can make it hard to continue with a comfortable life. Your job, family, school, dignity, and daily life are all at risk. Your plans for the future are put on hold and become difficult to achieve. Call today to learn how I can help you defend your case.
State v. M.S.
Client was arrested for sexual assault allegedly forcing a woman to have sex with him and beating her in the process. While this case is pending another allegation form a different woman with similar facts arises and a new charge is filed. Result: One case dismissed, the other is pled to a misdemeanor assault with no family violence finding.
K.B. Client was arrested for allegedly molesting a child at a day care where he worked. This arrest was made after the police and the Department of Family and Protective Services conducted investigations. There was extensive media coverage of the arrest. Result: Case dismissed in the interest of justice.